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GENERAL TERMS AND CONDITIONS FOR USE OF CROWDSER.COM
Valid from 11 November 2011
- 1.1 The following definitions shall have the meaning set out below unless otherwise specifically stated.
- 1.2 “Crowdser”' shall mean Crowdser AB, 556813-3515.
- 1.3 “Customer” shall mean a legal entity or private individual referred to Supplier by Crowdser as part of the Service for the purpose of a purchase from Supplier.
- 1.4 “Items” shall mean the products and/or services for sale included in the Offer.
- 1.5 “Service” shall have the meaning set out below in Article 5.1.
- 1.6 “Site” refers to Crowdser’s web site www.crowdser.com.
- 1.7 “Subcontractor” shall mean the legal entity that has accepted an offer on the site and that has been selected by Crowdser and Supplier as the Subcontractor for the Service.
- 1.8 “Supplier” shall mean the legal entity that has made an offer via the Site for the performance of the “Service”.
- 1.9 “Term” shall be the period during which Crowdser may sell Items on behalf of Supplier as stated in the offer.
- 1.10 “Territory” refers to the territory defined by Supplier in the offer.
- 2.1 These General Terms and Conditions shall apply to Your use of the Site, and to all offers placed by or accepted by You on the Site and to Services performed by or for You as the case may be.
- 2.2 These General Terms and Conditions replaces any previous agreements and negotiations and takes precedence before any and all agreements, terms, and other conditions associated with the Service concerned.
- 2.3 Crowdser reserves the right to revise these General Terms and Conditions and any policies on the Site from time to time at its sole discretion by updating the Site. Unless otherwise stated in such revision, the revised Terms and Conditions and policies will take effect when uploaded on the Site.
- 2.4 You will be subject to the policies and terms and conditions in force at the time that You place or accept an offer, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, in which case it will apply to offers previously placed or accepted by You.
3. Conditions for use of the Site
- 3.1 The Site may only be used by legal entities for commercial use. Private individuals that do not conduct business may, for legal reasons, not use the Site at this time. By using the Site you confirm that you will use the Site for commercial purposes only. If you are a Subcontractor you must hold a “F-skattesedel” in order to be eligible to perform Services for Crowdser.
- 3.2 You acknowledge that the reputation and goodwill of the Site depends on Your performance when using the Site and Your performances in relation to other Suppliers, Subcontractors and Customers. You agree to use your best efforts and to act in accordance with professional standards, in accordance with these terms and conditions and in accordance with applicable legislation.
- 3.3 An offer made or accepted by You on the Site will be valid for 30 calendar days (or if longer, the validity period stated in the offer) from when the offer was placed or the acceptance made. If Crowdser has not accepted Your offer/acceptance within this time the offer/acceptance will expire without notice and will be automatically removed from the Site.
3.4 In addition to other restrictions set forth in these General Terms and Conditions, You agree:
- a) not to disguise the origin of information transmitted through the Site,
- b) not to place false or misleading information on the Site,
- c) not to use or access any service, information, application or software available via the Site in a manner not expressly permitted by Crowdser,
- d) not to input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site or that infringes the intellectual property rights of another,
- e) not to use or access the Site in any way that, in Crowdser’s judgement, adversely affects the performance or function of the Site,
- f) not to frame or utilize framing techniques to enclose any portion or aspect of the content or the information, without the express written consent of Crowdser,
- g) not to create more than one profile;
- h) not to, without Crowdser’s permission create another account if Crowdser has disabled your account,
- i) to keep contact information accurate and up-to-date,
- j) not to share your password, let anyone else access your account, or do anything else that might jeopardize the security of the account.
4. Ordering process
- 4.1 Supplier will initiate an order of Services by placing an offer on the Site. The offer must contain the information that is requested by Crowdser on the Site in order to be valid. The information requested may change from time but may for example include the Term, the Territory and the commission offered to Crowdser by Supplier for the Service.
- 4.2 Sellers will on behalf of Crowdser make proposals to accept the offer. A seller that wishes to accept an offer must provide the information that is requested by Crowdser on the Site in order for the acceptance to be valid.
- 4.3 A binding agreement between Crowdser, Supplier and Subcontractor is formed when Supplier has selected a seller for the performance of the Service and when Crowdser has accepted the selected seller as Subcontractor and has accepted Supplier’s offer. A confirmation of the agreement will be sent from Crowdser to Supplier and Subcontractor by email.
- 4.4 Crowdser will use the Subcontractor for the performance of the Service.
- 5.1 Crowdser/Subcontractor has the non-exclusive right to, during the Term, sell the Items within the Territory in accordance with the terms provided by Supplier in the offer and in accordance with these General Terms and conditions (the “Service”). Crowdser/Supplier shall neither directly nor indirectly market or sell the Items to Customers situated outside the Territory. For avoidance of doubt, when the Terms has expired Crowdser/Supplier no longer has the right to sell Items and will not be paid any commission for sales made after the expiry of the Term.
- 5.2 Crowdser/Subcontractor shall instruct Customer’s to confirm an order of Items from Supplier on the Site in accordance with the at the time applicable procedure on the Site for such orders.
- 5.3 All terms and conditions that relate to Crowdser’s performance of the Service shall apply, with the necessary modifications, to the Subcontractor in relation to Crowdser unless otherwise specifically stated.
- 5.4 Crowdser shall in relation to Supplier be liable for the Subcontractor’s actions or omissions as if Crowdser had performed the actions or omissions it self.
6.No relation between Customer and Crowdser
- 6.1 Supplier is solely responsible for the completion of all Customer orders and for the terms and conditions on which a Customer orders an Item from Supplier. In no event shall Crowdser or Subcontractor enter into to any agreement with a Customer on behalf of Supplier. Any agreement and rights and obligations regarding the sale of Items to a Customer by Supplier, are between Supplier and a Customer and Crowdser and/or Subcontractor shall have no responsibility or liability in this respect.
- 6.2 Supplier and Subcontractor undertakes to comply with all applicable legislation, including consumer and data protection legislation, and is solely responsible for all information placed on the Site by or on behalf of them.
- 6.3 Supplier shall instruct Customers to address any complaints directly to Supplier. Crowdser/Subcontractor shall not be responsible for forwarding or dealing with complaints from Customers.
7. Relationship between the parties
- 7.1 The status of the parties shall be that of independent contractors. The agreement does not constitute any employer/employee relationship between the parties and nothing contained in these General Terms and Conditions or an agreement between the parties shall be construed as creating a partnership, joint venture or agency relationship between the parties or as granting a party the authority to bind or contract any obligation in the name of or on the account of another party or to make any statements, representations, warranties or commitments on behalf of another party, unless specifically agreed upon in these general Terms and Conditions.
8. Commission and payment
- 8.1 Supplier shall pay Crowdser commission for each Item sold by Crowdser/Subcontractor in accordance with the offer. Supplier shall further, in addition to the commission, pay any taxes and fees, including but not limited to, value added tax, applicable to the payment of the commission.
- 8.2 When Crowdser accepts an offer on the Site Crowdser will reserve an amount corresponding to the maximum commission that Crowdser may be entitled to, on Suppliers credit card. If Crowdser is unable to reserve this amount for any reason at any time, Crowdser has no obligation to perform the Service.
- 8.3 Supplier will pay Crowdser for Services performed at the time when Customer in accordance with clause 5.2 above, has confirmed an order of Items. At the end of the Term Crowdser will cancel any remaining part of reservation made by Crowdser on the credit card.
- 8.4 Crowdser will pay to Subcontractor the commission stated in the offer minus Crowdser’s at the time applicable service commission, available at this location. Crowdser shall pay the commission due to Subcontractor within 14 days from when an order has been confirmed in accordance with 8.3 above.
- 9.2 On the Site you will have access to functions for storing information that may be used only by or on behalf of You. You are responsible for any processing of personal data that occur as a result of Your use of such functions. Crowdser will as Site administrator process such data on Your behalf, and will act as Your personal data assistant and may only process personal data in accordance with instructions from You. Crowdser shall further implement appropriate technical and organisational measures to protect the personal data that is processed.
- 9.3You may receive personal data from Crowdser in order for Crowdser to be able to perform the Service. To the extent that You receive such data You will be acting as Crowdser’s personal data assistant and may only process personal data in accordance with instructions from Crowdser. You shall further implement appropriate technical and organisational measures to protect the personal data that is processed.
10. General liability
- 10.1 Crowdser makes every effort to provide You with accurate, complete and current information. However, Crowdser offers no guarantees, conditions or warranties relating to the information provided on the Site.
- 10.2 Crowdser reserves the right to make updates or to changes or remove at its discretion any information on the Site (including information submitted by Supplier or Subcontractor) without prior notice. Notably, offers shown may be changed or removed at any time.
- 10.3 Access to and use of the Site and its content is at Your own risk. It is notably your responsibility to protect yourself against any viruses or other items of a destructive or damaging nature.
- 10.4 Access to this Site is permitted on a temporary basis, and Crowdser reserve the right to withdraw or amend the service Crowdser provides on the Site without notice.
11. Limitation of Liability
- 11.1 The Site Service provided by Crowdser is provided “as is”, as available and without any warranties or conditions. Crowdser makes no warranties of any kind, as to the quality, identity or reliability of any party, or to the accuracy of the offers made on the Site by a party.
- 11.2 In no event shall Crowdser be liable for any special, indirect, consequential, incidental or punitive damages pursuant to theses General Terms and Conditions or any agreements made at the Site, including but not limited to loss of data, loss of profits, loss of business opportunities or loss of goodwill.
- 11.3 Crowdser’s liability shall, as a total, per Service assignment, be limited to the maximum commission payable by Supplier to Crowdser for the Service assignment.
12. Trademarks and other Intellectual Property Rights
- 12.1 You acquire no right whatsoever to Crowdser’s trademarks or other intellectual property rights.
- 12.2 You shall be solely liable for any and all infringements into intellectual property rights belonging to third parties caused by performance of the Service and shall indemnify and hold harmless Crowdser in respect of all such claims.
- 13.1 The parties agree that Article 10 to 12 of the Swedish Act (2002:562) on electronic trade and other information society services (Sw. Lag (2002:2562) om elektronisk handel och andra informationssamhälletstjänster) shall not apply between the parties.
- 13.2 Cases of force majeure, which prevent the parties from performing their obligations in whole or in part, shall release both parties from the performance of an agreement until the circumstances amounting to force majeure have ceased.
- 13.3 Circumstances that have occurred at the time of the entering into an agreement constitute relief from liability only if the effect on the performance under the agreement could not have been foreseen at the time. It is incumbent on the party who wishes to refer to any circumstance as a relief from liability to inform the other party in writing without delay of the commencement as well as of the cessation thereof.
- 13.4 If the execution of an agreement is delayed more than one (1) months due to circumstances establishing relief from liability as mentioned in this clause, each party, without prejudice to other applicable terms pursuant to these conditions, has the right to terminate the agreement by giving written notice to the other party.
14. Disputes and Applicable Law
- 14.1 Any dispute arising from, or related to the use of this Site shall be subject to the exclusive jurisdiction of the courts of Sweden.
- 14.2 The Site as well as all agreements made or offers or orders issued or confirmed with reference to these General Terms and Conditions, shall be governed by the substantive laws of Sweden.